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Exhibit 10.44
STANDARD FORM COMMERCIAL LEASE
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
1. PARTIES OLD CAMBRIDGE REALTY TRUST
(fill in) LESSOR, which expression shall include its heirs,
successors, and assigns where the context so admits,
does hereby lease to CHEMGENICS PHARMACEUTICALS, INC.
LESSEE, which expression shall include its
successors, executors, administrators, and assigns
where the context so admits, and the LESSEE hereby
leases the following described premises:
2. PREMISES approximately one thousand and thirty-four (1,034)
(fill in and include, rentable square feet of office space on the second
if applicable, suite floor of Building 300 in the complex known as One
number, floor ▇▇▇▇▇▇▇ Square in Cambridge, Massachusetts and
number, and square further described on the attached Exhibit A: "the
feet) Leased Premises" together with the right to use in
common with others entitled thereto, the hallways,
stairways, and elevators, necessary for access to
said leased premises, and lavatories nearest thereto.
3. TERM The term of this lease shall be for SIX (6) Months
(fill in) commencing on July 1, 1996 and ending on December 31,
1996.
4. RENT The LESSEE shall pay to the LESSOR fixed rent at the
(fill in) rate of $20,680.00 dollars per year, payable in
advance in monthly installments of 1723.33 subject to
proration in the case of any partial calendar month.
All rent shall be payable without offset or
deduction.
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7. UTILITIES The LESSEE shall pay, as they become due, all
bills for electricity and other utilities (whether
they are used for furnishing heat or other
*delete "air conditioning" purposes) that are furnished to the leased
if not applicable premises and presently separately metered and all
bills for fuel furnished to a separate tank
servicing the leased premises exclusively. The
LESSOR agrees to provide all other utility service
and to furnish reasonably hot and cold water and
reasonable heat and air conditioning* (except to
the extent that the same are furnished through
separately metered utilities or separate fuel
tanks as set forth above) to the leased premises,
the hallways, stairways, elevators, and lavatories
during normal business hours on regular business
days of the heating and air conditioning* seasons
of each year, to furnish elevator service and to
light passageways and stairways during business
hours, and to furnish each cleaning service as is
customary in similar buildings in said city or
town, all subject to interruption due to any
accident, to the making of repairs, alterations,
or improvements, to labor difficulties, to trouble
in obtaining fuel, electricity, service, or
supplies from the sources from which they are
usually obtained for said building, or to any
cause beyond the LESSOR's control.
*or billed on a pro-rata basis by Lessor.
LESSOR shall have no obligation to provide
utilities or equipment other than the utilities
and equipment within the premises as of the
commencement date of this lease. In the event
LESSEE requires additional utilities or equipment,
the installation and maintenance thereof shall be
the LESSEE's sole obligation, provided that such
installation shall be subject to the written
consent of the LESSOR.
8. USE OF LEASED The LESSEE shall use the leased premises only for
PREMISES the purpose of office use in connection with its
(fill in) biotechnology and research operations.
9. COMPLIANCE The LESSEE acknowledges that no trade or
WITH LAWS occupation shall be conducted in the leased
premises or use made thereof which will be
unlawful, improper, noisy or offensive, or
contrary to any law or any municipal by-law or
ordinance in force in the city or town in which
the premises are situated. Without limiting the
generality of the foregoing (a) the LESSEE shall
not bring or permit to be brought or kept in or on
the leased premises or elsewhere on the LESSOR's
property any hazardous, toxic, inflammable,
combustible or explosive fluid, material, chemical
or substance, including without limitation any
item defined as hazardous pursuant to Chapter 21E
of the Massachusetts General Laws; and (b) the
LESSEE shall be responsible for compliance with
requirements imposed by the Americans with
Disabilities Act relative to the layout of the
leased premises and any work performed by the
LESSEE therein.
10. FIRE INSURANCE The LESSEE shall not permit any use of the leased
premises which will make voidable any insurance on
the property of which the leased premises are a
part, or on the contents of said property or which
shall be contrary to any law or regulation from
time to time established by the New England Fire
Insurance Rating Association, or any similar body
succeeding to its powers. The LESSEE shall on
demand reimburse the LESSOR, and all other
tenants, all extra insurance premiums caused by
the LESSEE's use of the premises.
11. MAINTENANCE The LESSEE agrees to maintain the leased premises
in good condition, damage by fire and other
A. LESSEE'S casualty only excepted, and whenever necessary,
OBLIGATIONS to replace plate glass and other glass therein,
acknowledging that the leased premises are now in
good order and the glass whole. The LESSEE shall
not permit the leased premises to be overloaded,
damaged, stripped, or defaced, nor suffer any
waste. LESSEE shall obtain written consent of
LESSOR before erecting any sign on the premises.
▇. ▇▇▇▇▇▇'▇ The LESSOR agrees to maintain the structure of the
OBLIGATIONS building of which the leased premises are a part
in the same condition as it is at the commencement
of the term or as it may be put in during the term
of this lease, reasonable wear and tear, damage by
fire and other casualty only excepted, unless such
maintenance is required because of the LESSEE or
those for whose conduct the LESSEE is legally
responsible.
12. ALTERATIONS -- The LESSEE shall not make structural alterations
ADDITIONS or additions to the leased premises, but may make
non-structural alterations provided the LESSOR
consents thereto in writing, which consent shall
not be unreasonably withheld or delayed. All such
allowed alterations shall be at LESSEE's expense
and shall be in quality at least equal to the
present construction. LESSEE shall not permit any
mechanics' liens, or similar liens, to remain upon
the leased premises for labor and material
furnished to LESSEE or claimed to have been
furnished to LESSEE in connection with work of
any character performed or claimed to have been
performed at the direction of LESSEE and shall
cause any such lien to be released of record
forthwith without cost to LESSOR. Any alterations
or improvements made by the LESSEE shall become
the property of the LESSOR at the termination of
the occupancy as provided herein.
13. ASSIGNMENT -- The LESSEE shall not assign or sublet the whole or
SUBLEASING any part of the leased premises without LESSOR's
prior written consent. Notwithstanding such
consent, LESSEE shall remain liable to LESSOR for
the payment of all rent and for the full
performance of the covenants and conditions of
this lease.
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14. SUBORDINATION This lease shall be subject and subordinate to any and
all mortgages, deeds of trust and other instruments in
the nature of a mortgage, now or at any time hereafter,
a lien or liens on the property of which the leased
premises are a part and the LESSEE shall, when
requested, promptly execute and deliver such written
instruments as shall be necessary to show the
subordination of this lease to said mortgages, deeds of
trust or other such instruments in the nature of a
mortgage.
15. LESSOR'S The LESSOR or agents of the LESSOR may, at reasonable
ACCESS times, enter to view the leased premises and may remove
placards and signs not approved and affixed as herein
provided, and make repairs and alterations as LESSOR
should elect to do and may show the leased premises to
others, and at any time within three (3) months before
the expiration of the term, may affix to any suitable
part of the leased premises a notice for letting or
selling the leased premises or property of which the
leased premises are a part and keep the same so affixed
without hindrance or molestation.
16. INDEMNIFICATION The LESSEE shall save the LESSOR harmless from all loss
AND LIABILITY and damage occasioned by anything occurring on the
(fill in) leased premises unless caused by the negligence or
misconduct of the LESSOR, and from all loss and damage
wherever occurring occasioned by any omission, fault,
neglect or other misconduct of the LESSEE. The removal
of snow and ice from the sidewalks bordering upon the
leased premises shall be LESSOR's responsibility.
17. LESSEE'S The LESSEE shall maintain with respect to the leased
LIABILITY premises and the property of which the leased premises
INSURANCE are a part comprehensive public liability insurance in
(fill in) the amount of $1,000,000 with property damage insurance
in limits of $500,000 in responsible companies qualified
to do business in Massachusetts and in good standing
therein insuring the LESSOR as well as LESSEE against
injury to persons or damage to property as provided. The
LESSEE shall deposit with the LESSOR certificates for
such insurance at or prior to the commencement of the
term, and thereafter within thirty (30) days prior to
the expiration of any such policies. All such insurance
certificates shall provide that such policies shall not
be cancelled without at least ten (10) days prior
written notice to each assured named therein.
18. FIRE, Should a substantial portion of the leased premises, or
CASUALTY -- of the property of which they are a part, be
EMINENT substantially damaged by fire or other casualty, or be
DOMAIN taken by eminent domain, the LESSOR may elect to
terminate this lease. When such fire, casualty, or
taking renders the leased premises substantially
unsuitable for their intended use, a just and
proportionate abatement of rent shall be made, and the
LESSEE may elect to terminate this lease if:
(a) The LESSOR fails to give written notice
within thirty (30) days of intention to
restore leased premises, or
(b) The LESSOR fails to restore the leased
premises to a condition substantially
suitable for their intended use within
ninety (90) days of said fire, casualty or
taking.
The LESSOR reserves, and the LESSEE grants to the
LESSOR, all rights which the LESSEE may have for damages
or injury to the leased premises for any taking by
eminent domain, except for damage to the LESSEE's
fixtures, property, or equipment.
19. DEFAULT In the event that:
AND
BANKRUPTCY (a) The LESSEE shall default in the payment of
(fill in) any installment of rent or other sum herein
specified and such default shall continue
for ten (10) days after written notice
thereof; or
(b) The LESSEE shall default in the observance
or performance of any other of the LESSEE's
covenants, agreements, or obligations
hereunder and such default shall not be
corrected within thirty (30) days after
written notice thereof; or
(c) The LESSEE shall be declared bankrupt or
insolvent according to law, or, if any
assignment shall be made of LESSEE's
property for the benefit of creditors,
then the LESSOR shall have the right thereafter, while
such default continues, to re-enter and take complete
possession of the leased premises, to declare the term
of this lease ended, and remove the LESSEE's effects,
without prejudice to any remedies which might be
otherwise used for arrears of rent or other default. The
LESSEE shall indemnify the LESSOR against all loss of
rent and other payments which the LESSOR may incur by
reason of such termination during the residue of the
term. If the LESSEE shall default, after reasonable
notice thereof, in the observance or performance of any
conditions or covenants on LESSEE's part to be observed
or performed under or by virtue of any of the provisions
in any article of this lease, the LESSOR, without being
under any obligation to do so and without thereby
waiving such default, may remedy such default for the
account and at the expense of the LESSEE. If the LESSOR
makes any expenditures or incurs any obligations for the
payment of money in connection therewith, including but
not limited to, reasonable attorney's fees in
instituting, prosecuting or defending any action or
proceeding, such sums paid or obligations insured, with
interest at the rate of 12 percent per annum and costs,
shall be paid to the LESSOR by the LESSEE as additional
rent.
20. NOTICE Any notice from the LESSOR to the LESSEE relating to the
(fill in) leased premises or to the occupancy thereof, shall be
deemed duly served, if left at the leased premises
addressed to the LESSEE, or if mailed to the leased
premises, registered or certified mail, return receipt
requested, postage prepaid, addressed to the LESSEE. Any
notice from the LESSEE to the LESSOR relating to the
leased premises or to the occupancy thereof, shall be
deemed duly served, if mailed to the LESSOR by
registered or certified mail, return receipt requested,
postage prepaid, addressed to the LESSOR at such address
as the LESSOR may from time to time advise in writing.
All rent notices shall be paid and sent to the LESSOR at
Old Cambridge Realty Trust c/o The Athenaeum Group, ▇▇▇
▇▇▇▇▇ ▇▇., ▇▇▇▇. ▇▇ ▇▇▇▇▇.
21. SURRENDER The LESSEE shall at the expiration or other termination
of this lease remove all LESSEE's goods and effects from
the leased premises, (including, without hereby limiting
the generality of the foregoing, all signs and lettering
affixed or painted by the LESSEE, either inside or
outside the leased premises). LESSEE shall deliver to
the LESSOR the leased premises and all keys, locks
thereto, and other fixtures connected therewith and all
alterations and additions made to or upon the leased
premises, in good conditions, damage by fire or other
casualty only excepted. In the event of the LESSEE's
failure to remove any of LESSEE's property from the
premises, LESSOR is hereby authorized, without liability
to LESSEE for loss or damage thereto, and at the sole
risk of LESSEE to remove and store any of the property
at LESSEE's expense, or to retain same
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to apply the net proceeds of such sale to the payment of
any sum due hereunder, or to destroy such property.
22. BROKERAGE
(fill in or delete)
23. CONDITION OF Except as may be otherwise expressly set forth herein,
PREMISES the LESSEE shall accept the leased premises "as is" in
their condition as of the commencement of the term of
this lease, and the LESSOR shall be obligated to perform
no work whatsoever in order to prepare the leased
premises for occupancy by the LESSEE.
24. FORCE In the event that the LESSOR is prevented or delayed
MAJEURE from making any repairs or performing any other covenant
hereunder by reason of any cause reasonably beyond the
control of the LESSOR, the LESSOR shall not be liable to
the LESSEE therefor nor, except as expressly otherwise
provided in case of casualty or taking, shall the LESSEE
be entitled to any abatement or reduction of rent by
reason thereof, nor shall the same give rise to a claim
by the LESSEE that such failure constitutes actual or
constructive eviction from the leased premises or any
part thereof.
25. LATE If rent or any other sum payable hereunder remains
CHARGE outstanding for a period of ten (10) days, the LESSEE
shall pay to the LESSOR a late charge equal to one and
one-half percent (1.5%) of the amount due for each month
or portion thereof during which the arrearage continues.
26. LIABILITY No owner of the property of which the leased premises
OF OWNER are a part shall be liable hereunder except for breaches
of the LESSOR's obligations occurring during the period
of such ownership. The obligations of the LESSOR shall
be binding upon the LESSOR's interest in said property,
but not upon other assets of the LESSOR, and no
individual partner, agent, trustee, stockholder,
officer, director, employee or beneficiary of the LESSOR
shall be personally liable for performance of the
LESSOR's obligations hereunder.
27. OTHER It is also understood and agreed that
PROVISIONS
1. Lessee will have two (2) six (6) month options to
renew this lease with two (2) month written notice
to Landlord. The Base Rent for the first six-month
option will be $21,714.00 per annum. The Base Rent
for the second six (6) month option will be
$22,748.00 per annum.
IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this
__________________ day of JUNE 1996.
CHEMGENICS PHARMACEUTICALS, INC. OLD CAMBRIDGE REALTY TRUST
[SIG]
----------------------------------- -------------------------------------
LESSEE (DULY AUTHORIZED) ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, TRUSTEE
LESSOR
/s/ ▇▇▇ ▇▇▇▇▇▇
----------------------------------- -------------------------------------
WITNESS WITNESS
--------------------------------
BROKER(S)
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EXHIBIT A
"LEASED PREMISES"
Suite # Use Area
201 OF 5889
202 OF 1810
203 OF ▇▇▇
▇▇▇ ▇▇ ▇▇▇
▇▇▇ SIG 195
206 SIG 84
207 OF 1034
208 OF 940
[FLOORPLAN ILLUSTRATION]
Rev.
[LOGO] ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ March 16, 1994
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STANDARD FORM COMMERCIAL LEASE
1. PARTIES OLD CAMBRIDGE REALTY TRUST
(fill in) LESSOR, which expression shall include its heirs,
successors, and assigns where the context so admits,
does hereby lease to MYCO PHARMACEUTICALS, INC.
LESSEE, which expression shall include its
successors, executors, administrators, and assigns
where the context so admits, and the LESSEE hereby
leases the following described premises:
2. PREMISES approximately nine hundred and fourteen (914)
(fill in and include, rentable square feet of office space on the ground
if applicable, suite (basement) floor of Building 300 in the office
number, floor complex known as One ▇▇▇▇▇▇▇ Square in Cambridge,
number, and square Massachusetts and further described on the attached
feet) Exhibit A: "LEASED PREMISES" together with the right
to use in common, with others entitled thereto, the
hallways, stairways, and elevators, necessary for
access to said leased premises, and lavatories
nearest thereto.
3. TERM The term of this lease shall be for One (1) Year
(fill in) commencing on August 1, 1995* and ending on July 31,
1996.**
4. RENT The LESSEE shall pay to the LESSOR rent at the rate
(fill in) of $8,226.00 dollars per year, payable in advance
in monthly installments of $685.50.
* or upon occupancy, whichever is earlier. If early
occupancy occurs, rent will be due on a pro-rata,
daily basis.
** and continuing thereafter until either party gives
the other three (3) months notice.
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7. UTILITIES The LESSEE shall pay, as they become due, all
bills for electricity and other utilities (whether
they are used for furnishing heat or other
*delete "air conditioning" purposes) that are furnished to the leased
if not applicable premises and presently separately metered,* and
all bills for fuel furnished to a separate tank
servicing the leased premises exclusively. The
LESSOR agrees to provide all other utility service
and to furnish reasonably hot and cold water and
reasonable heat and air conditioning* (except to
the extent that the same are furnished through
separately metered utilities or separate fuel
tanks as set forth above) to the leased premises,
the hallways, stairways, elevators, and lavatories
during normal business hours on regular business
days of the heating and air conditioning* seasons
of each year, to furnish elevator service and to
light passageways and stairways during business
hours, and to furnish such cleaning service as is
customary in similar buildings in said city or
town, all subject to interruption due to any
accident, to the making of repairs, alterations,
or improvements, to labor difficulties, to trouble
in obtaining fuel, electricity, service, or
supplies from the sources from which they are
usually obtained for said building, or to any
cause beyond the LESSOR's control.
*or, if not separately metered, as billed by
Lessor on a pro-rata basis.
LESSOR shall have no obligation to provide
utilities or equipment other than the utilities
and equipment within the premises as of the
commencement date of this lease. In the event
LESSEE requires additional utilities or equipment,
the installation and maintenance thereof shall be
the LESSEE's sole obligation, provided that such
installation shall be subject to the written
consent of the LESSOR.
8. USE OF LEASED The LESSEE shall use the leased premises only for
PREMISES the purpose of general offices and storage.
(fill in)
9. COMPLIANCE The LESSEE acknowledges that no trade or
WITH LAWS occupation shall be conducted in the leased
premises or use made thereof which will be
unlawful, improper, noisy or offensive, or
contrary to any law or any municipal by-law or
ordinance in force in the city or town in which
the premises are situated.
10. FIRE INSURANCE The LESSEE shall not permit any use of the leased
premises which will make voidable any insurance on
the property of which the leased premises are a
part, or on the contents of said property or which
shall be contrary to any law or regulation from
time to time established by the New England Fire
Insurance Rating Association, or any similar body
succeeding to its powers. The LESSEE shall on
demand reimburse the LESSOR, and all other
tenants, all extra insurance premiums caused by
the LESSEE's use of the premises.
11. MAINTENANCE The LESSEE agrees to maintain the leased premises
in good condition, damage by fire and other
A. LESSEE'S casualty only excepted, and whenever necessary,
OBLIGATIONS to replace plate glass and other glass therein,
acknowledging that the leased premises are now in
good order and the glass whole. The LESSEE shall
not permit the leased premises to be overloaded,
damaged, stripped, or defaced, nor suffer any
waste. LESSEE shall obtain written consent of
LESSOR before erecting any sign on the premises.
▇. ▇▇▇▇▇▇'▇ The LESSOR agrees to maintain the structure of the
OBLIGATIONS building of which the leased premises are a part
in the same condition as it is at the commencement
of the term or as it may be put in during the term
of this lease, reasonable wear and tear, damage by
fire and other casualty only excepted, unless such
maintenance is required because of the LESSEE or
those for whose conduct the LESSEE is legally
responsible.
12. ALTERATIONS -- The LESSEE shall not make structural alterations
ADDITIONS or additions to the leased premises, but may make
non-structural alterations provided the LESSOR
consents thereto in writing, which consent shall
not be unreasonably withheld or delayed. All such
allowed alterations shall be at LESSEE's expense
and shall be in quality at least equal to the
present construction. LESSEE shall not permit any
mechanics' liens, or similar liens, to remain upon
the leased premises for labor and material
furnished to LESSEE or claimed to have been
furnished to LESSEE in connection with work of
any character performed or claimed to have been
performed at the direction of LESSEE and shall
cause any such lien to be released of record
forthwith without cost to LESSOR. Any alterations
or improvements made by the LESSEE shall become
the property of the LESSOR at the termination of
the occupancy as provided herein.
13. ASSIGNMENT -- The LESSEE shall not assign or sublet the whole or
SUBLEASING any part of the leased premises without LESSOR's
prior written consent. Notwithstanding such
consent, LESSEE shall remain liable to LESSOR for
the payment of all rent and for the full
performance of the covenants and conditions of
this lease.
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14. SUBORDINATION This lease shall be subject and subordinate to any and
all mortgages, deeds of trust and other instruments in
the nature of a mortgage, now or at any time hereafter,
a lien or liens on the property of which the leased
premises are a part and the LESSEE shall, when
requested, promptly execute and deliver such written
instruments as shall be necessary to show the
subordination of this lease to said mortgages, deeds of
trust or other such instruments in the nature of a
mortgage.
15. LESSOR'S The LESSOR or agents of the LESSOR may, at reasonable
ACCESS times, enter to view the leased premises and may remove
placards and signs not approved and affixed as herein
provided, and make repairs and alterations as LESSOR
should elect to do and may show the leased premises to
others, and at any time within three (3) months before
the expiration of the term, may affix to any suitable
part of the leased premises a notice for letting or
selling the leased premises or property of which the
leased premises are a part and keep the same so affixed
without hindrance or molestation.
16. INDEMNIFICATION The LESSEE shall save the LESSOR harmless from all loss
AND LIABILITY and damage occasioned by the use or escape of water or
by the bursting of pipes, as well as from any claim or
damage resulting from neglect in not removing snow and
ice from the roof of the building or from the sidewalks
bordering upon the premises so leased, or by any
nuisance made or suffered on the leased premises, unless
such loss is caused by the neglect of the LESSOR. The
removal of snow and ice from the sidewalks bordering
upon the leased premises shall be LESSOR's
responsibility.
17. LESSEE'S The LESSEE shall maintain with respect to the leased
LIABILITY premises and the property of which the leased premises
INSURANCE are a part comprehensive public liability insurance in
(fill in) the amount of $1,000,000 with property damage insurance
in limits of $100,000 in responsible companies qualified
to do business in Massachusetts and in good standing
therein insuring the LESSOR as well as LESSEE against
injury to persons or damage to property as provided. The
LESSEE shall deposit with the LESSOR certificates for
such insurance at or prior to the commencement of the
term, and thereafter within thirty (30) days prior to
the expiration of any such policies. All such insurance
certificates shall provide that such policies shall not
be cancelled without at least ten (10) days prior
written notice to each assured named therein.
18. FIRE, Should a substantial portion of the leased premises, or
CASUALTY -- of the property of which they are a part, be
EMINENT substantially damaged by fire or other casualty, or be
DOMAIN taken by eminent domain, the LESSOR may elect to
terminate this lease. When such fire, casualty, or
taking renders the leased premises substantially
unsuitable for their intended use, a just and
proportionate abatement of rent shall be made, and the
LESSEE may elect to terminate this lease if:
(a) The LESSOR fails to give written notice
within thirty (30) days of intention to
restore leased premises, or
(b) The LESSOR fails to restore the leased
premises to a condition substantially
suitable for their intended use within
ninety (90) days of said fire, casualty or
taking.
The LESSOR reserves, and the LESSEE grants to the
LESSOR, all rights which the LESSEE may have for damages
or injury to the leased premises for any taking by
eminent domain, except for damage to the LESSEE's
fixtures, property, or equipment.
19. DEFAULT In the event that:
AND
BANKRUPTCY (a) The LESSEE shall default in the payment of
(fill in) any installment of rent or other sum herein
specified and such default shall continue
for ten (10) days after written notice
thereof; or
(b) The LESSEE shall default in the observance
or performance of any other of the LESSEE's
covenants, agreements, or obligations
hereunder and such default shall not be
corrected within thirty (30) days after
written notice thereof; or
(c) The LESSEE shall be declared bankrupt or
insolvent according to law, or, if any
assignment shall be made of LESSEE's
property for the benefit of creditors,
then the LESSOR shall have the right thereafter, while
such default continues, to re-enter and take complete
possession of the leased premises, to declare the term
of this lease ended, and remove the LESSEE's effects,
without prejudice to any remedies which might be
otherwise used for arrears of rent or other default. The
LESSEE shall indemnify the LESSOR against all loss of
rent and other payments which the LESSOR may incur by
reason of such termination during the residue of the
term. If the LESSEE shall default, after reasonable
notice thereof, in the observance or performance of any
conditions or covenants on LESSEE's part to be observed
or performed under or by virtue of any of the provisions
in any article of this lease, the LESSOR, without being
under any obligation to do so and without thereby
waiving such default, may remedy such default for the
account and at the expense of the LESSEE. If the LESSOR
makes any expenditures or incurs any obligations for the
payment of money in connection therewith, including but
not limited to, reasonable attorney's fees in
instituting, prosecuting or defending any action or
proceeding, such sums paid or obligations insured, with
interest at the rate of 12 percent per annum and costs,
shall be paid to the LESSOR by the LESSEE as additional
rent.
20. NOTICE Any notice from the LESSOR to the LESSEE relating to the
(fill in) leased premises or to the occupancy thereof, shall be
deemed duly served, if left at the leased premises
addressed to the LESSEE, or if mailed to the leased
premises, registered or certified mail, return receipt
requested, postage prepaid, addressed to the LESSEE. Any
notice from the LESSEE to the LESSOR relating to the
leased premises or to the occupancy thereof, shall be
deemed duly served, if mailed to the LESSOR by
registered or certified mail, return receipt requested,
postage prepaid, addressed to the LESSOR at such address
as the LESSOR may from time to time advise in writing.
All rent notices shall be paid and sent to the LESSOR at
Old Cambridge Realty Trust c/o The Athenaeum Group, ▇▇▇
▇▇▇▇▇ ▇▇., ▇▇▇▇. ▇▇ ▇▇▇▇▇.
9
21. SURRENDER The LESSEE shall at the expiration or other termination
of this lease remove all LESSEE's goods and effects from
the leased premises, (including, without hereby limiting
the generality of the foregoing, all signs and lettering
affixed or painted by the LESSEE, either inside or
outside the leased premises), LESSEE shall deliver to
the LESSOR the leased premises and all keys, locks
thereto, and other fixtures connected therewith and all
alterations and additions made to or upon the leased
premises, in good condition, damage by fire or other
casualty only excepted. In the event of the LESSEE's
failure to remove any of LESSEE's property from the
premises, LESSOR is hereby authorized, without liability
to LESSEE for loss or damage thereto, and at the sole
risk of LESSEE, to remove and store any of the property
at LESSEE's expense, or to retain same under LESSOR's
control or to sell at public or private sale, without
notice any or all of the property not so removed and to
apply the net proceeds of such sale to the payment of
any sum due hereunder, or to destroy such property.
22. BROKERAGE [Deleted]
(fill in or delete)
23. OTHER It is also understood and agreed that
PROVISIONS
1. THE LEASED PREMISES WILL BE ACCEPTED AND DELIVERED
IN THEIR CURRENT "AS IS" CONFIGURATION AND
CONDITION, WITH THE LESSOR RESPONSIBLE FOR A GENERAL
CLEANING AND CHANGING OF THE LOCK AND KEY.
2. LESSEE SHALL BE RESPONSIBLE FOR ITS PRO-RATA SHARE
OF REAL ESTATE TAXES AND COMMON AREA MAINTENANCE
(CAM) CHARGES, AS BILLED BY THE LESSOR ON A PRO-RATA
BASIS. UPON WRITTEN REQUEST, LESSEE MAY REVIEW
LESSOR'S ACCOUNTING AND BILLING FOR REASONABLENESS.
3. LESSEE SHALL HAVE THE RIGHT TO LEASE TWO (2)
ADDITIONAL PARKING SPACES IN THE OKS GARAGE AT THE
RATE OF $115. PER VEHICLE MONTHLY FOR THE TERM OF
THE LEASE.
IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this
__________________ day of __________________ , 1995.
MYCO PHARMACEUTICALS, INC. OLD CAMBRIDGE REALTY TRUST
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
----------------------------------- -------------------------------------
LESSEE (DULY AUTHORIZED) ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, TRUSTEE
LESSOR
[SIG]
----------------------------------- -------------------------------------
WITNESS WITNESS
10
EXHIBIT A
"LEASED PREMISES"
▇▇▇▇▇ # ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ # ▇▇▇ ▇▇▇▇
▇▇▇ RE 914 010 SIG 638
002 LAB 2349 011 SIG 515
003 RE 3154
005 SIG 365
006 SIG 208
007 SIG 120
008 SIG 215
009 SIG 215
[FLOORPLAN ILLUSTRATION]
Rev.
[LOGO] ONE ▇▇▇▇▇▇▇ SQUARE BUILDING 300 LOWER LEVEL July 29, 1993